Terms of ServiceTerms of Service

These Terms of Service (the "Terms") are a contract between PorteVin OÜ ("WineGate", "we", "us") and the company that holds a WineGate account ("you"). By creating an account you accept them on behalf of your company and confirm that you may do so.

The service

WineGate is a business-to-business platform for the European drinks trade. Companies list lots of wine, spirits, beer and cider, find stock, agree orders with each other, send each other messages and use tools for excise, landed cost and margins. The service is available at app.winegate.app and in our iOS and Android apps (together, the "Service").

Provider: PorteVin OÜ

Registry code: 17473145

Address: Karusambla tee 25, Leppneeme küla, 74009 Harju maakond, Estonia

Email: legal@winegate.app

Our role

WineGate is an intermediary. We bring buyers and sellers together and give them the tools to agree an order. Every sale is a contract between the buyer and the seller alone. WineGate is not a party to it: we do not buy or sell the goods, never take title to them and do not act as the agent of either company.

The seller is responsible for the goods, how they are described, its right to sell them and their delivery. The buyer is responsible for paying for them and for the formalities on its side. We do not inspect the goods, guarantee that an order will be performed, or arrange transport, warehousing, excise or customs documents.

Who can use WineGate

The Service is for businesses only, acting in the course of their trade. Consumers may not use it. To trade on the live market a company needs a valid VAT number in the European Union; our team reviews every company before it trades and may ask for documents. We may refuse or withdraw access where the information given is incomplete, inaccurate or cannot be verified.

Every person who uses an account must be at least 18 years old and act for the company. You keep your sign-in details secure and are responsible for what is done under your account and by the people you invite to your company.

Company types

When you register, you choose the type that describes your company:

• Producer — winery, distillery or brewery;
• Trade — import, export, distribution or wholesale;
• Retail — wine merchant, specialist retailer or chain;
• HoReCa — restaurant, hotel, café or bar.

Producers and trade companies can buy and sell. Retail and HoReCa companies can buy. We may change the type after review if it does not match the company.

Orders, Seller Terms and Buyer Terms

An order is formed when it is accepted on WineGate: by Buy now, an accepted offer, an accepted quote or a winning bid. The order records the goods, the quantity, the price and the delivery and payment terms the two companies agree.

Before a company lists its first lot or sends its first quote, it accepts the Seller Terms. Before it places its first order, makes an offer or bids, it accepts the Buyer Terms. Both form part of these Terms. The order, the Seller Terms and the Buyer Terms together make up the contract of sale between the two companies; anything else they agree in writing on the order applies between them.

How lots are shown

Lots are shown newest first unless a buyer sorts or filters them, for example by category, region, price, duty status or warehouse country. No fee, payment or other remuneration affects the order in which lots or companies are shown. A seller can limit who sees a lot, for example to its partners, to certain company types or to certain countries.

Fees

Joining WineGate, listing lots, buying and using the tools are free. There is no subscription.

A seller pays a platform fee of 1 % of the value of each paid order, excluding VAT, with no minimum. The buyer pays the seller directly, on the terms they agree. At the start of each month we send the seller one invoice for the fees on the orders paid in the month before, payable within 14 days. If an order is cancelled and refunded in full before that invoice is issued, no fee is charged on it.

Fees are exclusive of VAT. For a company with a valid VAT number in another EU member state, the reverse charge applies. If a fee invoice is more than 14 days overdue, we may pause the company's ability to list lots and accept orders until it is paid.

Estimates, not advice

Excise and VAT rates, landed-cost and margin figures, the estimated price in a buyer's country and AI answers are provided for information and planning only. They are not legal, tax, customs or financial advice.

We take our rates from official sources, such as the European Commission's Taxes in Europe Database, and show the source and effective date of each one, but rates and rules change and errors are possible. You remain responsible for checking figures with the competent authorities and your advisers before you act.

Acceptable use

You must not:

• list goods you are not entitled to sell, or describe goods falsely or misleadingly;
• trade in breach of alcohol, excise, customs, sanctions, food-safety or labelling law;
• send unsolicited bulk messages, or use contact details found on WineGate for anything other than trading with that company;
• try to break security, get around rate limits or reach other companies' data;
• scrape, bulk-export or resell rates, lots or other content;
• reverse engineer the Service, except where the law allows it;
• misuse the AI features, including automated bulk querying.

Your data and content

You keep ownership of the business data, documents and photographs you upload. You give PorteVin OÜ the licence needed to host, process and display them to provide the Service. You confirm that you have the right to upload what you upload.

Your company page (app.winegate.app/@handle), with your company name, country and the lots you show there, is public: anyone with the link can see it. Lots on the market are visible to the companies you allow to see them. How we handle personal data is set out in the Privacy Policy.

AI features

Parts of the Service use large language models provided by Anthropic to answer questions, read labels, price lists and documents, and draft text. AI output can be inaccurate or incomplete. Nothing the assistant proposes is created or changed until you confirm it. The section "Estimates, not advice" applies to all AI output.

Intellectual property

The Service, including its software, design, branding and rate database, belongs to PorteVin OÜ or its licensors. We give you a limited, non-exclusive, non-transferable right to use the Service for your company's business while you hold an account. No other rights are granted.

Availability and changes to the service

We aim for high availability, but the Service is provided "as is" and "as available". We may change, add or withdraw features. Tools announced as coming are not promised by any date.

Liability

We are not liable for the goods, for what buyers or sellers do or fail to do, or for the performance of any order. To the extent the law allows, we are not liable for indirect or consequential loss, loss of profit, loss of data or business interruption, and our total liability arising from the Service is limited to the greater of the fees you paid us in the 12 months before the event giving rise to the claim and €500.

Nothing in these Terms limits liability for intent or gross negligence, or any other liability that cannot be limited by law.

Suspension and closing an account

You may close your account at any time in the app (Account → Delete account), once your open orders are completed and any fees are paid.

We may restrict, suspend or close an account that breaches these Terms or the law, where the company information proves false, or where an authority requires it. Unless the law or an urgent risk to other users requires otherwise, we tell you the reasons in writing when we restrict or suspend an account, and give you 30 days' notice before we close it. You can contest the decision as described under "Complaints and reports".

The sections "Our role", "Fees", "Estimates, not advice", "Liability" and "Governing law" continue to apply after an account is closed.

Complaints and reports

Write to legal@winegate.app with a complaint about the Service or about a decision we took on your account. We acknowledge it within two working days and answer within 30 days.

To report a lot, a company or a message you believe is illegal, use Report in the app or write to the same address. We review reports without undue delay and tell the person who reported it and the company concerned what we decided and why. This address is also our single point of contact for authorities and for users under the EU Digital Services Act.

Governing law

These Terms are governed by the laws of Estonia. Disputes go to Harju County Court, Estonia, unless mandatory law provides otherwise.

Changes to these Terms

We give at least 15 days' notice by email and in the app before a material change takes effect; you may close your account before then. A change required by law may apply sooner. Where a change needs your acceptance, the app asks for it before you continue. Each version carries its date at the top of this page.

Contact

Provider: PorteVin OÜ

Registry code: 17473145

Address: Karusambla tee 25, Leppneeme küla, 74009 Harju maakond, Estonia

Email: legal@winegate.app

General contact: hello@winegate.app